Can Parking Eye really do this?!

meme_me

Have discovered a CCJ for an 'unpaid penalty' relating to parking that I had in fact paid on time and in compliance with the rules of the car park.

Parking Eye are now saying that I still owe the £197 because I failed to appeal the penalty on time (due to a change of address).

Can they really enforce a penalty for a charge they should never have raised, and should I then be required to pay for the CCJ to be set aside? I have evidence that the parking was paid at the time, so am a little confused as to why they believe they have the right to fine me?

Thanks in advance

Herzlos

They do, unfortunately, have the right to go through the process which can result in a CCJ - complain to your MP about that.

That doesn't mean their claim is valid - they've reported that about 2/3rds aren't as that's their cancellation rate - but their business model relying on people paying up without questioning it.

Your only approach is to get a set aside and defend it properly, but you need a good reason (such a PE using an old address), and to show that you stand a reasonable chance of success (you can prove that it was actually paid).

Carthesis

Sadly, yes they can. Because you didn't appeal and interject yourself into the Appeal process, then they've been able to go through the motions without you being able to defend yourself.

You've obviously ignored the MCOL from Northampton and the letters asking for your defence, and subsequently other letters demanding payment following the default judgement going against you.

I see you had a change of address - this is why you need to get into the appeals process with them, because you'll have been served tyo your previous address, the only one they will claim they had for you at the time. The address on the V5 for your vehicle.

Umkomaas

Have you changed your details with the DVLA? Once for your driver licence and once for your V5C - they need separate notifications, no read-across. If not do it pronto, otherwise you are looking at a real fine - of up to £1,000!

You need to get the CCJ setaside; I expect your credit rating has already been trashed so you will get difficulty obtaining loans, mortgages, some jobs, even a mobile phone contract. Read up on setasides. Start here:

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

Also register here, where a class action against PE is underway:

http://casehub.com/cases/parking-eye-ccj-fines

Quentin

meme_me wrote: »

Can they really enforce a penalty for a charge they should never have raised, and should I then be required to pay for the CCJ to be set aside? .....

If you have already received notice that they have an order allowing them to enforce the judgement, then you need to act fast on your set aside application to stop this happening. (Or pay up if that's your decision - not a recommendation!)


What sort of enforcement are they doing?

meme_me

Thanks all

Yes, the CCJ is already on my credit file. They responded to my query with copies of the correspondence (that went through to my old address) and are stating that it is now too late for an appeal and that the fine stands.

I'm not unreasonable, my address wasn't up to date, and had I owed them money then I think there's a different conversation to be had. However their suggestion that my failure to appeal on time, trumps their fabrication of a parking penalty, slightly boggles my mind.

**Poor analogy alert** If someone sets your house on fire, can they really start pointing fingers at you for insufficient fire safety? The problem started with them, not me, why do I pay the full price of that?

I'm going to apply for the set aside - do I get the £250 back if the Judge sides with me, and does the CCJ get removed completely from my record?

Cheers

Redx

of your analogy questions

that is why you should join the casehub class action and also the Teresa May campaign and try to get these things changed

Quentin

meme_me wrote: »

I'm going to apply for the set aside - do I get the £250 back if the Judge sides with me, and does the CCJ get removed completely from my record?...

1) No. You need to pursue PE for that after you win the set aside and the subsequent case (assuming they reissue the claim)


2) Yes if you win the set aside everything goes back to the start


Your original question here was regarding them enforcing the judgement they won - what stage is that at?

meme_me

Enforce was probably the wrong terminology.

I simply meant that they're standing by their claim. At this point they've not suggested taking any further action beyond an unsettled CCJ remaining on my file.

I read somewhere that POPLA is the next step? Is this worth doing or should I go for the set aside instead/in addition to this?

Thanks all

meme_me

I'm supportive of the class action, but not savvy enough to know whether it in any way disrupts or negates my next steps... would it be the case that I can pursue the set aside to deal with the CCJ and then the class action for damages & costs?

Carthesis

meme_me wrote: »

Enforce was probably the wrong terminology.

I simply meant that they're standing by their claim. At this point they've not suggested taking any further action beyond an unsettled CCJ remaining on my file.

I read somewhere that POPLA is the next step? Is this worth doing or should I go for the set aside instead/in addition to this?

Thanks all

You're WAAAAAAAAAAAAAAAAaaaaaaaaaaaaaaaaay beyond POPLA here.

And involving yourself in the class action is independent of the set-aside.